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Bruce v. Georgia-Pacific LLC

The grant of summary judgment to the defendant in the plaintiff's premises liability action was proper because the undisputed facts showed that the plaintiff had knowledge of the hazard at issue that was equal or superior to any knowledge the defendant may or should have had.

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Malcolm Bruce was injured when he fell off a loaded truck owned by his employer, Annett Holdings, Inc. d/b/a TMC Transportation “TMC”, at a facility in Monticello, Georgia, owned and operated by Georgia-Pacific, LLC. On appeal from a grant of summary judgment to Georgia-Pacific in Bruce’s personal injury suit, Bruce argues in Case No. A13A1874 that questions of material fact remain as to both Georgia-Pacific’s negligence and Bruce’s contributory negligence. On appeal from a grant of summary judgment to TMC and its insurer, Lincoln General Insurance Company, in Georgia-Pacific’s third-party action, Georgia-Pacific argues in Case No. A13A1806 that TMC and Lincoln have a duty to defend Georgia-Pacific as to Bruce’s claims. We find no error and affirm in both cases.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” Citations and punctuation omitted. Walker v. Gwinnett Hosp. System, 263 Ga. App. 554, 555 588 SE2d 441 2003. A trial court’s grant of summary judgment is reviewed de novo on appeal, construing the evidence in the light most favorable to the nonmovant. Ethridge v. Davis, 243 Ga. App. 11, 12 530 SE2d 477 2000.

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